Valencia v. Gonzales, 406 F.3d 1154
(9th Cir. May 12, 2005) (California conviction of unlawful
sexual intercourse with a person under 18 (here 17), in violation
of Penal Code § 261.5(c), with a five-year suspended sentence,
constituted a crime of violence aggravated felony under 18
U.S.C. § 16(b), within the meaning of INA 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), and therefore triggered removal
under INA § 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii),
following United States v. Granbois, 376 F.3d 993 (9th Cir.
July 22, 2004), even though in Granbois, the victim was 15,
and in Granbois, the court considered whether the offense
"presented a serious potential risk of physical injury
to another" under U.S.S.G. § 4B1.2(a), whereas here the
question is whether the offense presents "a substantial
risk that physical force against the person or property of
another may be used in the course of committing the offense,"
under 18 U.S.C. § 16(b)), withdrawn and superceded by 439
F.3d 1046 (9th Cir. Mar. 6, 2006).